New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-10-26
HILTON DEFENDS HIMSELF.
HIS REPLY 70 MRS. SMITHS CHARGES.
CHARLFS J. CLINCH JOINS HIM IN THE ANswfH-
FULL STATEMENT or THE BUSINESS AND
SOCIAL RELATIONS BETWEEN THE
HILTON AND STEWART
FANffLIE q,

FAMILIES.
EX-Atorncy General Leslie W Russell counsel
for cN-JudGc Henry Hilton flied in Suffolk
County Yesterday Judge IIiltons reply to the
charges brought against him and Charles j.
Clinch as executors, by Mrs. Sarah " Smith
wife Of cx-Judgc j. Lawrence smith 10 compel if
possible their removal executors oi the Stewart
estate.
The papers in this were received on July
~, live months after Prescott Hall Butler began
suit to have set aside the trust clause in the
stewart will. Mrs Smiths charges did not 90 so
much into the social conditions. nor were the
allegations of fraud, undue influence and con-
nlyancc 50 strongly alleged as in the previous
suit. Mrs Smith also asked for an accounting
from Judge Hilton and Mr.. Cinch. who is a
nephew of Mrs stewart, and also wished 10 pro
vent his disposal OF any of the property orgi-
! nally belonging 10 the estate
Mis-. Smith found fault with the conveyance Of
The drygoods business of Mr. Stewart which was
made by his widow on April II. 1876. after her
husbands death. to Judge Hilton and William
IIbbcy, his last surviving partner Mr. Hilton
makes firm and cmphatic denial of the allegations
Of fraud and connivancc to obtain this transfer
ana also declares that he has accounted for all
tic moneys and property that were in his hands
FONTS MADE BY JUDGE HILTON.
Accompanying Judge IItons reply was one
from Mr.. Clinch, which cNJudgc Horace Russell
filed at the s'imc time. In it are embodied many
| OF the statements. dcnals and explanations foand
in Mr. IIiltons reply, which begins as follows:
II @ true that on April I. I-7G Cornca VI stewart
conveyed To him all her interest In the business and
/ assets OF A. I. stewart u 60.
That the said convey aucc va. by an instrument abso
Int upon IT. face. and absolute in fact and uler.tonl
and intended 80 10 be hy both parties thereto
That the ,ald :Corncla stewart was ~ the time Of
making the SId conveyance aud continued To be iiuti
the time of her dca IA. than years thereafter of
-onnd MIMI memory and understand competent 10
painh herein asserts right TO cal u question sad
conveyance based solely upon the intelligent and
pctcnl action ~ Mrs stewart In maklng codc 10 her
Til on the 3lst Of May ls~2 more thtn years after
/ the said conveyance
! That The said conveyance unconccalcd open and
! pnhir Upon the day after rs delivery it vi, duly
recorded th. Registers Office and given b. the press
and pn.shei IN full IA all the leading newspapers OF tho
r,,y %, n"rh. & Hn u" .,4r d"y notice of coPar
stating the fact of such conveyance, published
stating fhc sane f,r' copies of O S,iI con,ry,ncc
and OF h' s'i notices printed and widely d-Irb
nred anohe rhe business connections of the Of \ r.
Stewart 20.
DI,rosING OF MRS. srEwAKI's PROPERTY.
Ever since the said lith day Of April. l-7G This 10
fcndan' has openly and pabicly possessed dealt with
and disposed of the property conveyed. his own
the fnl AMI constant kuogiclgc oi Mr. stewart amt ~
all her heir. at law and next Of Kin, including the
painlin Hd her husband Having such know lsc t4e
sud Comc.a " stewart lived Tor more tnan ten years
after tie -il conveyance and hii many Gcd.a.- in
respect thereof, and was at l time, satisfied herewith,
aud 10y net, and deeds repeatedly ratified and
,o.f,ncff ,,,. lrr ID .,. fi, .i.I'',.q 'i,i',. W
TINS acfend'n' is Informed ani hele,c- ud therefore
,',,, ',,'' ''.''- % m M 'r II . ,.' I,i rJ
frequent and lines almost dul, commuui. alton aul
KIM ,nI f,.f si"-v urr t," 'i r.,, ,,,''' M f. Ing ~
band of thc purir aud theirs of -ai ucN' II kin hay
lng tlen AL The AnoNc lsc and Information. WHICH they
stances ~ e -aii con,,,aucc ana .u,ul 10 sccuie
Tor them'c!Ncs tur enify rr'p,tI "ii nF N'k nici l.
,.r.on .,i Ief,,,'. p. n,r -'. H.. .,..
ancc. hsourht rctrlci or rc. .cnl tie -tiG,
The -nil convey yanc" wa- drawn by the late
Henry + Davies. sonc nc cnief Justice Of tie Court
o@tnrh &C., ELLA NJ s,eTTl At the tine lh- defendant "a,,
Instrument were received by tie .aiI iienr L. Da,...
diic,ty nom Nit stewart "ih"ui aA, a-enrt "i inter
noac o' tc recital, ih"ien vc Tl ro AN" l.,c ',
.,ut,tion nt hiru '
" ' W
'AEEfiNG or Htt hl STANDS WISHES.
The sId conveyance w,s made D., CorI..l "
e,.,,, , ,.,,,,, ,., ,., ,,,,...,.. 80 ,. .,t.,, ,
" w
pcat~ly expressed 10 her hy ul bc.,.c hi- death.
t,i- Defendant l i..orHe! ANA yrr. t.ict,, and ..
WIS ' '4'' ""' '"'' i" "' 'A' p-i carnations d"
Mr. stewart That she hA been 80 instructed los h,r
bu.,.pI ...... i,.r
,,rr.tnr .,l ,oru.ft, If stewart fl.l, r.rl-.i,,l
fc v ..,. of hcr .lri husband ir IN, .ut, ol tLrs s,!
convey nce oi "ii'i"ler f A' '.'.. h'i 10 dii not
i.",''r ' '' -t ,i' .'' ,.,6i
AMI eNrrIfrI ht turlt.A " stewart 90 nor uNu l,e
and uItlrI wilI gUl tr.t.. ll ,, f, tf,,.1il
her own iulrt.,iDff ui e. ntI As uIt of hc hi-
t,rd
MR. >l.M tE1 * EiLNilpN~ VIII JIDpI HILTON. .
t-,t,.. t,i,o, ,,r.i,- ,,u,, tim ....i.i ,.l,
"""H' '''''"' '''' w. ' 'l' ' " 49,"
ttons thht hr ocrupl"l win Mr stewart ne |
,.,lsr ,,,,,l ,f t. ,ercl,,t b,s onn.,,,,, r, IN
=,
the lawyer as ir"nd, partner aud attorney are .
le.rtib,i an. In,lss Ililtou uuoic, fro in Mrs /
-, -. 80, 49,, H.:
Stewart's own words to sho" the clos" feeling !
bet cen T. I %O ftml les A, fo lows:
r.,..,.-. t, .. ,....t ,... ...., 80. D., No.
p'l'u"dHtT = VII H'" '.' ''',''' W. 80" ID" ' ~. /
Si"Wl' W no. 'I''! n'I u'@'" t' ''I""rS' - % VOC
~ "'' ~ '"''" vi '.,''' ,,, .',.I.D,
and dearest friend earth loved -p trut, auI -